Colorado city challenges airport grant obligation
Boulder v. FAA could open door to airport closure
The city of Boulder, Colorado, filed a lawsuit seeking relief from the obligation to maintain the property as an airport in perpetuity. The obligation stems from past purchases of land and a property easement for the airport using FAA grant funds.
According to the lawsuit, the city says it is considering closing the airport and redeveloping the land “in response to a dwindling supply of affordable housing, mounting concern regarding noise and other environmental impacts associated with aircraft operations at the Boulder Municipal Airport, and potential liability arising from its ownership and operation of the airport.”
The city has conducted meetings with residents, online surveys, and created a working group to study the future of the airport, and reported the results in February: “Overall, community feedback indicates that the community desires to keep the airport and improve conditions in the near-term, while creating avenues for better coordination and compliance with the community’s desire for less noise and pollution from airport operations,” the report states.
Nonetheless, a group of residents petitioned the city to redevelop the airport.
According to the lawsuit, filed July 26 in the United States District Court for the District of Colorado, the city acknowledges receiving a number of FAA grants that assisted with expanding, improving and maintaining the airport. Boulder Municipal Airport was originally established during the 1920s as a small, unpaved strip called Hayden Field. The city purchased the property in 1943 and renamed it Boulder Municipal Airport. Beginning in the late 1950s, the airport applied for grants for lengthening runways, adding airport buildings and acquiring additional land to expand the airport. Boulder claims in the lawsuit that obligations associated with grant agreements reached with the FAA in 1959, 1977 and 1991 expired after 20 years.
According to the lawsuit, the FAA has said that certain grants provided for the purpose of acquiring airport land carry the obligation to operate Boulder Municipal as an airport in perpetuity. In the lawsuit, the city specifically claims that it does not believe that such obligations applied to its purchase of land required for various airport easements.
In the lawsuit, Boulder makes five claims for relief. Arguably the city’s most noteworthy request is that the court relieve it of its perpetual obligations to maintain the airport as an airport in accordance with FAA grant agreements for previous real estate purchases made by the FAA on behalf of the city of Boulder for the airport. Should Boulder succeed in obtaining such relief, the resulting precedent could lead to other municipalities bound by similar obligations making similar claims in their respective efforts to close their airports.
AOPA is working together with several other national aviation advocacy organizations and is considering next steps to help maintain Boulder Airport as an airport in perpetuity.
AOPA asks members to help protect airports by advising the AOPA Pilot Information Center or your AOPA Regional Manager if you become aware of any discussion of airport closure by those responsible for your local public airport.
